Returns to Argos - Online consumer rights

back2work2020

I purchased a standard light online from Argos for my mother in law. We bought & paid for it online then collected from Argos (in Sainsburys store). Bought it home, set it up, she doesn't like it - says its too bright. We couldn't have known that buying it online.  We tried to return to Argos - packaged it back up (admittedly some of the flimsy polystyrene packing did break) but we did our best to put it back as was. 
On trying to return it I was told - I could not return anything that had been opened. They simply refused it. 
I thought being an online sale I had 14 days through the consumer rights to take it home and have a look at it - actually being it was an online purchase I had more rights than buying instore? 
Are they allowed to do this - I have contacted them again online today and insisted consumer rights mean I can return an online purchase but they have fobbed me off and told me to "contact the manufacturer because they are the experts" ? I asked why opening it was such an issue - seems you have to be an expert once its opened to handle it?? 
Its not an item they can refuse for H&S/ hygiene or any other reason apart from Covid (if they do that they shouldn't be selling anything??)  
Anyone got any advice - should I push it with them further/ go to the manufacturer - other suggestions gratefully received. 

As an after issue - the guy that I spoke to in store trying to return it proceeded to remove the stand part, have a look at it then try shoving them back in the back 5 or 6 times. When he realised he couldn't get them back in he shoved them in and sellotaped it across the top, then gave it back to me worse packaged than we had.  Can I claim instead he has damaged it?  I was so shocked at what he was attempting to do I was bemused, shocked and couldn't quite believe how us returning something well packed was worse than his attempts to get the stand leg back in???

jon81uk

Click and collect means you should have the same rights to cancellation as if you got it delivered
https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#buyingfromhome

I think they can reduce the amount refunded if packaging is damaged.

Aylesbury_Duck

jon81uk said:

Click and collect means you should have the same rights to cancellation as if you got it delivered
https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#buyingfromhome

I think they can reduce the amount refunded if packaging is damaged.

I'm not so sure.  From that guidance:

"If you pay online and then collect goods from a store or an outlet, you've got the same rights. Check the items on collection, otherwise if you just pick up and leave, it could be seen as accepting the item/goods as they are."

Although it could be said that you can't really test a lamp in a shop!

To the OP, I also don't think it's a good idea to try and fraudulently claim the shop assistant damaged it as a shortcut to a refund.

Tigsteroonie

The old-fashioned solution to a lamp that is too bright, would be to change the bulb ....

stragglebod

Stick a lower power bulb in it.

Blackbeard_of_Perranporth

Stick a lower wattage bulb in it, give the MiL some Sherry, and lock her in!

jon81uk

Tigsteroonie said:

The old-fashioned solution to a lamp that is too bright, would be to change the bulb ....

That is likely old-fashioned advice though, many lamps have fixed LEDs nowadays.

jon81uk

Best you can probably get if the packaging is damaged to the point it can not be sold to someone else is a partial refund reflecting the value the item now has I expect.
"The trader could knock money off your refund if they think you opened parts of the package unnecessarily, as they can claim it has reduced its value." from https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#accordion-content-0987414611-4

the_lunatic_is_in_my_head

www.argos.co.uk/help/terms-and-conditions/
Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations (see the Returns and refunds page for further details

www.argos.co.uk/help/returns-and-refunds/

Am I missing it or does the return page not have any info about cancelling the contract? 

OP the problem with Argos is they think you are using their 30 day return policy.

You need to specifically advise them you are cancelling your contract, AFAIK the contract has been concluded at a distance so paying online and collecting in store should still carry the right of cancellation.

The retailer's right to reduce the refund for diminished value is only present if they have provided you with the appropriate information detailing the right to cancel via durable means, OP you'd need to check any emails or paperwork given to you to confirm this. 

The advice linked to above on MSE above is as usual lacking the finer details.

Were_Doomed

the_lunatic_is_in_my_head said:

www.argos.co.uk/help/terms-and-conditions/
Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations (see the Returns and refunds page for further details

www.argos.co.uk/help/returns-and-refunds/

Am I missing it or does the return page not have any info about cancelling the contract? 

OP the problem with Argos is they think you are using their 30 day return policy.

You need to specifically advise them you are cancelling your contract, AFAIK the contract has been concluded at a distance so paying online and collecting in store should still carry the right of cancellation.

The retailer's right to reduce the refund for diminished value is only present if they have provided you with the appropriate information detailing the right to cancel via durable means, OP you'd need to check any emails or paperwork given to you to confirm this. 

The advice linked to above on MSE above is as usual lacking the finer details.

That's the crucial bit ... if you ordered online, paid online and only collected in store then it is a distance contract. If you paid when collecting then it is not a distance contract.